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The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... Latifur Rahman J The State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ....................................Appellant Vs. Ashraf Ali alias Ashraf & another........................Respondents Judgment November 14, ......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... In an appeal against acquittal it is quite open to the Court to review the evidence in order to see whether finding on which acquittal has been based is perverse being wanton disregard of good and unblemished evidence given by other witnesses who got no grudge or enmity whatever with the accu..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)

....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......pply his judicial mind to those material questions touching upon the auction sale. Consequently, the judgment of the High Court Division is liable to be set aside. Lawyers Involved: M Nowab Ali, Advocate-on-Record-For the Appellant. Not Represented- Respondent Nos.1(a) to 1(e). E......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......) (1991) 152. ..

Category: Property Law | Date: 11 Nov, 1990 | Hits: 50

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....o- Salimuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, Baba Huq Vs. Laljan, 8 DLR 362, Makhan Lal Vs. Reazuddin Sepai 13 DLR 323, Diam Hossain Vs. Haran Das, 13 MR, 283, Mosammat Asimon Nessa vs. Md. Akbar Ali Sheikh and others, 19 DLR 659, Tamizuddin Vs. Guljan Bibi, 26 DLR P 93, Haji Tozzamol ......limuddin Mondal Vs. Mohitosh Biswas, 14 DLR 796, Baba Huq Vs. Laljan, 8 DLR 362, Makhan Lal Vs. Reazuddin Sepai 13 DLR 323, Diam Hossain Vs. Haran Das, 13 MR, 283, Mosammat Asimon Nessa vs. Md. Akbar Ali Sheikh and others, 19 DLR 659, Tamizuddin Vs. Guljan Bibi, 26 DLR P 93, Haji Tozzamol Ali Vs. Ab......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......) 78. ..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)

.... Khondkar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him), instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-­Record-For the Respondent Nos. 1-3. Dead. substitution exe...... ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60.   ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Kazi Mobarak Ali .............................................Appellant Vs. Mohammad Yeasin Mazumder and others................Respondent Judgment August 29, 1990. Result: The ap..

Category: Others | Date: 29 Aug, 1990 | Hits: 115

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....al and others, PLD 1960 (Dacca) 3 = 11 DLR 347; Hupen Majhi Vs. Munshi A Khair 32 DLR (AD) 96; 17 DLR, Dhaka 643; Mohendra Nath Vs. Susila; 12 DLR 745 and 16 DLR (SC) 386. Lawyers Involved: Md. Faziul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appel......h reported in PLD 1972 (SC) 311; Mst. Murad Begum etc. Vs. Muhammad Rafiq Etc. PLD 1974 (SC) 322; Muhammad Jamil Vs. The Chairman, Industrial Court, West Pakistan and another, PLD 1964 (SC) 559; Iman Ali Halsana and others Vs. Furkun Ali Mondal and others, PLD 1960 (Dacca) 3 = 11 DLR 347; Hupen Majh......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......n: 43 DLR (AD) (1991) 156. ..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)

....li, Advocate-on-Record -For Respondent Nos. 6, 8. Sharifuddin Chaklader, Advocate-on-Record-For Respondent Nos. 1-5, 7, 71 & 12. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16. Ex parte - Respondent Nos. 9-10 &......who must face cross examination on the papers produced. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. M Nowab Ali, Advocate-on-Record -For Respondent Nos. 6, 8. Sharifuddin Chaklader, Advocate-on-Record-F......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......ent August 14, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 241A "Groundless" appearing in both the sections 241A and former section 253 means that the materials produced before the Magistrate against the accused a..

Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

.... Noora Vs. State, PLD 1973 (SC) 4691. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellant. Mainul Hosein, Advocate, Joinal Abedin, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respo......iles away from Jainkathi and usually it takes 1 -1 ½ hours to travel the distance by boat. In the afternoon of the same day, Abdul Hakim was returning from Patuakhali in the company of P.W. 2, Ali Akbar Talukder and P.W.3 ldris Talukder, his co-villagers, and others. 4. Prosecution case......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......riminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J State................................... Appellant Vs. Abdus Sattar and others..........Accused-Respondents Judgment August 9, 1990. Result: The i..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......e is also Reported in: 43 DLR (AD) (1991) 58. ......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......n the present case inasmuch as the Court in restoring the suit merely corrected the mistake of its officers of not informing the learned advocate of the parties about the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 2..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

.... Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988.......ly corroborated by circumstances and medical evidence on record and remains unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M Nowab Ali, Advocate-on–Record for the Appellants. B Hossain, Deputy Attorney-General, instruct...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......n: 43 DLR (AD) 95. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)

....o him by the Sessions Judge. Case Referred to- Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate­-on-Record-For the Appellants. B Hossain, Deputy Attorney-General......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......43 DLR (AD) (1991) 77. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....;ble Judges of the Pepsu High Court at Patiala, AIR 1954 Supreme Court 186. Lawyers Involved: MG Bhuiyan, Advocate-on-Record - For the Appellants. Mahbubey Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2......e respondents stated that they grew IRRI paddy in the suit Plot No. 5/2 area 0'7 (southern portion) and suit plot No. 6 area 0.10 (southern portion) through bargader Abdul Karim son of late Abbas Ali of Village Dhapar. It was also stated in the petition that the plaintiff No. 2 Ayub Ali Majumdar......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......se is also Reported in: 43 DLR (AD) (1991) 10. ..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....e rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......ce 1948, he took the advantage of that situation and started the certificate case against the Bank. He got his name mutated against East Bengal Commercial Bank Ltd. in 1966‑67. 13. DW 2 Md. Ayub Ali is the Constituted Attorney of the defendant No. 2. He had proved the documents and papers filed......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....ion on the evidence on record and without any direction to like additional evidence. Cases Referred to- Dr. Rezia Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawy......86 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawyers Involved: M H Khandker, Senior Advocate (AJ Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......8. ..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, Advocates with him, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Golam Rabbani, Senior Advocate instr......-Nessa Vs. Abdul Karim ILR 47 Cal 1 (PC); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, Advocates with him, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55.   ......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

.... Case Referred to- Sow Chandra Kanta & another Vs. Sheik Habib AIR 1975 SC 1500. Lawyers Involved: MH Khandkar, Senior Advocate, (Abdus Salam Khan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (in both petitioners). Khandker Mahbub......so Reported in: 43 DLR (AD) (1991) 12. ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ...... This Case is also Reported in: 43 DLR (1991) 68. ......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ........Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias o..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... This Case is also Reported in: 43 DLR (1991) 60. ...... down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

....43 DLR (AD) (1991) 28. ......Pillai and another Vs. State of Kerala and others, AIR 1966 Kerala 212 (SB); Bangladesh Vs. Moslem Mia, 31 DLR (AD) 45; Syed Amir Hossain Vs. Mrs. Nadera Rahman, 37 DLR (AD) 184; Aflabuddin Vs. Sajad Ali, 1986 BLD 235; Serajuddin and others Vs. Ahmed Fazlur Rahman and another, 1986 BLD 258. Law...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......R (AD) (1991) 28. ..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

.... from him by serving a questionnaire on him. He replied to these queries and questions and thereafter a proceeding was drawn up against him charging him with misconduct on various grounds and one Mr. Md. Walled Hossain was appointed as Enquiry Officer to enquire into the charges against him. He show......at the interview card was issued to him and he refused to accept the same. Thus he made a false statement. 2. During investigation it transpired that AKM Hedayetul Islam asked Mr. Md. Amjad Ali not to accept the interview card and he too would do the same himself. Thus he violated the offi......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ......visional Jurisdiction) Present: Naimuddin Ahmed J AKM Hedayetul Islam...................Petitioner Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another..........Opposite Parties. Judgment June 20, 1990. Result: The Rule ..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....ent for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......efused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... (Original Civil jurisdiction) Present: Md. Mozammel Hoque J Sher Ali Amir Ali Virjee.................................... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: Th..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184