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Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

.... 38; 27 DLR (AD) 29. Lawyers Involved: Abdul Malek with Jamiruddin Ahmad, Advocates‑For the Petitioner. AKM Shamsul Karim, Assistant Attorney General with Shareef Ahmad and Md. Nawab Ali, Advocates‑For the State. Criminal Revision Case No.112 of 1982. Judgment ......;……….. (7, 10) Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58; 28 DLR (AD) 38; 27 DLR (AD) 29. Lawyers Involved: Abdul Malek with Jamiruddin Ahmad, Advocates‑For the Petitioner. AKM Shamsul Karim, Assi......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......rt Division (Criminal Revisional Jurisdiction) Present: MS Ali J Habibur Rahman Khan J Atiqur Rahman ........................................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

....J Mohammad Ali, Advocate, with him) instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Appellants. SR Pal, Senior Advocate, (Ranadhir Sen, Senior Advocate, with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondents Nos.1-12. Md. Aftab Hossain, Advocate...... Reported in: 43 DLR (AD) (1991) 129. ......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Abdul Mannan and others...................Appellants Vs. Akram Ali and others....................Respondents Judgment June 6, 1990. ..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....asad vs. Official Assignee of Calcutta, 52 CWN 342. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, M. Nurullah, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants (In Civil Appeal Nos.39 to 41 of 1986). ......RE WOOD & Co. AIR 1960 (Pun) 388; United Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345; Anath Bandhu Guha and Sons Ltd. 7 PLR (Dhaka series, 1959); Elias Textile Mills Ltd. Vs. Abdul Awal, 1985 BLD (AD) 230; Raja Hara Narayan Singh Vs. Chowdhurain Bhagaban Co., Indian Decision......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......34. ..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Development and Co‑operatives and others, 1990, 19 CLC (HCD)

.... 42 DLR (AD) 49. Lawyers Involved: Rabia Bhuiyan with AMMM Rahim, Advocates- For the Petitioner. Suranjit Sen Gupta with Subrata Chowdhury, Advocates ‑For the Respondent No.10. Md. Fazlul Karim, Advocate‑For the Respondent No.11. Writ Petition No.849 of 1990. ......icer Vs. Sadruddin Ansari & others, 19 DLR (SC) 516; Nazir Ahmed Vs. Bangladesh Election Commission, 41 DLR (AD) 87=1989 BLD (AD) 103; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157; Abdul Hamid Khan Vs. Miah Nurul Islam and others, 42 DLR (AD) 49. Lawyers Involved: Rabia......poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ...... Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Abdur Rouf Mia................................Petitioner Vs. The Ministry of Local Government, Rural Development and Co‑operatives and others .....

Category: Election Law | Date: 24 May, 1990 | Hits: 101

Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)

....te has not produced any new material to justify cancellation of bail of the appellant..........(7) Lawyers Involved: Serajul Haq with Dr. Kamal Hossain, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General inst......ot injury killing victim Motleb. In that case after investigation charge sheet has already been submitted by the Police on 4.8.88. 3. On the self‑same incident another GD Entry was recorded by Abdul Hashem, the maternal uncle of deceased Motleb, alleging, inter alia, that Chunnu Chowdhury and......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bakul Howlader @ Shamsul Alam.....................Accused-Appellant Vs. The State ..................................Respondent Judgment May 20, 1990. ..

Category: Criminal Law | Date: 20 May, 1990 | Hits: 100

Fazal & others Vs. State, 1990, 19 CLC (HCD)

....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......itional District Magistrate for disposal of the case in accordance with certain remarks passed in the body of the judgment. 3. The prosecution case was that on 9.3.86 at about 6 PM as the victim Abdul Majid, son of the informant was returning home from the nearby Nayadighi Bus Stand, the petiti......he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......1991) 40. ..

Category: Criminal Law | Date: 14 May, 1990 | Hits: 66

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For the Petitioner. Md. Enamul Huq, Advocate ‑For the Sta......and forgery so the criminal proceeding cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For the Petitioner. M...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990...

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)

.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Ayesha Khatun (Musammat)................................Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 1..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....on the ground that the petitioner is a wholesale dealer of fertilizer appointed by the Bangladesh Agricultural Development Corporation (as stated in the complaint petition Annexure B by one Md. Shafiqul Huq). Respondent No.3 as appellate authority, in his impugned order date 20.2.90 (Annex...... thing as a dealer appointed by the Bangladesh Agricultural Development Corporation which is a Statutory Corporation and does not come within the scope of the term "Government". 6. Mr. Abdul Wadud Bhuiyan, the Additional Attorney‑General on the date of issuance of the Rule on 4.3.90......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ...... Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J MA Razzaque .......................................................................................Petitioner Vs. The Bangladesh Election Commission, Sher‑e‑Bangla Nagar and Others........Respondents ..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)

....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......y findings of the Final Court, it may give different reasons of its own for coming to a conclusion............... (15) Case Referred to- 28 DLR (1976) 410. Lawyers Involved: Miah Abdul Gafur, Advocate ‑For the Petitioner. Not represented‑ the Opposite Parties. Civ......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Aftabuddin Fakir ...............................................Petitioner Vs. Sowdagar Rabi Das & others............................Opposite Parties Judgment ..

Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65

M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)

....of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ...... court may allow...........(24) Cases Referred to- AIR 1955 (Cal) 354; AIR 1956 (Punj) 187; AIR 1974 (Cal) 345; AIR 19‑59 (Cal) 620. Lawyers Involved: Mozammel Hossain with AKM Abdul Hakim, Advocates ‑For the Appellants. Saif Uddin Mahmud with Mahmudul Haque, Advocates ...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......vision (Civil Appellate Jurisdiction) Present: Muhammad Sohrab Ali J Md. Badruzzaman J M/s. Rising Sun Traders Ltd.............................................Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgmen..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176

Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment ......High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment Marc......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Bangladesh Leaf Tobacco Company Ltd........................Petitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgm..

Category: Property Law | Date: 27 Mar, 1990 | Hits: 75

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......cree in favour of the plantiff by the court. The court is required to come to a finding on assessment of the materials on record that the plaintiff has been able to prove the case. Bangladesh VS Abdul Wadud and others 25 DLR (SC) page 90 cited ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......ourt High Court Division (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 199..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......ad Abdur Rouf J Badrul Islam Chowdhury J Abdul Momen Bhuiyan…………………………………….Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment Mar..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....ustainable in law………………………..(14) Case Referred to- Tamiz Mia Vs. Govt. of Bangladesh, 33 DLR 207. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates‑For the Appellant. SA Hasan AAG‑For the St......ollowing April 30, 1981 of 4 electric motors from Hamidpur Mouza. He went there and found that 4 electric motors were stolen worth Tk. 65,000/‑. He further stated that P.W.2 Lutfor Rahman and P.W.4 Abdul Jabbar and others were present at the place of occurrence and they searched for the motors in ......ng April 30, 1981 of 4 electric motors from Hamidpur Mouza. He went there and found that 4 electric motors were stolen worth Tk. 65,000/‑. He further stated that P.W.2 Lutfor Rahman and P.W.4 Abdul Jabbar and others were present at the place of occurrence and they searched for the motors in vain. ...... High Court Division (Criminal Appellate Jurisdiction) Present: A M Mahmudur Rahman J Anisuzzaman alias Anis @ Alinur Rahman @ Peara .............................Appellant Vs. The State ...................................................................................

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

.... & 4) Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record–For the Appellants. T. H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record–For Respondent No. 2. Not represented – Respondent No......tified and the High Court Division committed error in not confirming the trial courts order………(3 & 4) Lawyers Involved: Maksum-ul-Hakim, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record–For the Appellants. T. H. Khan, Senior Advocate, instructed b......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Momin Miah & another…………………………………………………………Plaintiff-Appellants Vs. Moinuddin Hossain & another…………………………….Defendants-Respondents ..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)

.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......on suit for decision in presence of all the co‑sharers including the present petitioners occasions no failure of justice…… (8 & 9) Cases Referred to- Abul Khair Mia Vs. Abdul Latif Sarder, 32 DLR 167 (AD); Abdur Rashid & another Vs. Abul Barik and another 35 DLR 16...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J AKM Sadeq J Moynul Hasan and others...................................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment Novemb..

Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....l is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......�……………………………..Respondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and ot......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ...... 349. ..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)

.... ...... party does not explain adequately any inordinate delay in producing it….…....... (9) Case Referred to- Kanda and others Vs. Waghu 3 DLR (PC) 311. Lawyers Involved: Abdul Momin Talukdar, Advocate ‑ For the Petitioner. MA Sobhan, Advocate ‑ For the Opposite......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......1991) 77. ..

Category: Property Law | Date: 2 Aug, 1989 | Hits: 78

Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)

....oque Vs. Additional Deputy Commissioner, 17 DLR 744; Farid Miah vs. Amjad Ali and others, 42 DLR (AD) 13; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157. Lawyers Involved: Md. Fazlul Karim with Syed Lutfor Rahman, Advocates ‑For the Petitioner. AKM Mozammel Hoque B......on Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; Chief Commissioner of Ajmeer Vs. Radheshyani Dhani, AIR 1957 (SC) 304; Munshi Abdul Hoque Vs. Additional Deputy Commissioner, 17 DLR 744; Farid Miah vs. Amjad Ali and others...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ent: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Ziaul Hoque........................................................................................Petitioner Vs. The Election Commission, Sher‑e‑Bangla Nagar, Dhaka and others ............Re..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

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