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Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
.... to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD) 107=33 DLR (AD)154. Lawyers Involved: Md. Awlad Ali, Advocate— For Petitioner. Khandker Mahbubuddin Ahmed, Advocate—For ...... Reported in: 42 DLR (HCD) (1990) 357. ......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......l Revisional Jurisdiction) Present: FHMH Rahman J Mohammad Ismailuddin Sarker J Meher Ali....................................................Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Res..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......k her and left her on the road and she did not know whether that person was Prem Charan or not. She further stated that having been left on the road she started running and went to the house of Prof. Ali Ahmed when she narrated to him everything and requested him to inform her uncle, Advocate Raha......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....ur Rouf and others Vs. The State, 38 DLR 197. Lawyers Involved: S. A. Hasan, Assistant Attorney General with Sajjad Ali Chowdhury, Assistant Attorney General—For the State. Md. Shahjahan, Advocate— For the Condemned Prisoner Hazrat Ali (appointed by the State)&n......77. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....e judgment
In view of the amendment of the rule 5 of Order 20 of the Code of Civil Procedure, it is imperative for Trial Court to decide all the issues and then deliver the judgment in the suit. Md. Sultan Miah Vs. Sree Haradhan Saha and others 40 DLR at page 236 supports this decision.
Ca......editiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
...... (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
.... defendant No.1 for the agreement for sale. He also denied the suggestion of the contesting defendant that defendant No.1 had no interest in the suit land and he did not execute the bainapatra. P.W.2 Md. Hossain, P.W.3 Abdul Jabbar are all witnesses of bainapatra and they testified that the plaintif...... nothing on record to show that the trial Court gave notice to the parties and amended the issues but formulated this issue suo motu and decreed the suit on this issue alone. In the case of Miser Ali Vs. Abdul Rashid and others reported in 5 DLR 490 Ibrahim, J. observed as follows :- "I must ......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....la Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Dayal Dhingra Vs. Mt. Sohagan, A.I.R. 1934 Lahore 647; Ayesha Begum alias Anila Chanda Vs. The State, 13 DLR; Md. Sayeedul Arefin Vs. Y.O. Gorfin A.I.R. 1916 (Privy Council) 242; Moru Devi Vs. The State or Kera......nd the house of accused Shahidul Islam. Accused Shahidul Islam used to work as a worker in the handloom of my father's younger brother near my father's house. Accused Shahidul Islam's father Sekander Ali used to cultivate my father's land as borgader. Previous to the occurrence I had love affair w......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....AIR 1926 Cal. 464, Countess of Berkeley V. R.G.W. Berkeley and others (1946) 2 All. E.R. 154, Tappenden vs. Artus (1963) 3 All E.R. 213. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For t...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......ult: The appeal is dismissed. The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the def..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
.... Rahman J.- The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. One Md. Sekandar Ali, Assistant Inspector, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Infor...... The accused appellant was convicted for having committed the offence of criminal breach of trust by the Additional Divisional Special Judge, Chittagong Division, Chittagong. 2. One Md. Sekandar Ali, Assistant Inspector, D.A.B, Rangamati, Chittagong Hill Tracts lodged a First Information Report......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ...... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Ka..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......statue of law which preserves a fundamental human right is to be given rather than one which destroys it. We are in agreement with the view of the Supreme Court of Pakistan in Rowshari Bijaya Shaukat Ali Khan’s case on this question. We therefore, find that an illegal order of detention cannot......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention i..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....bur Rahman J. - This appeal at the instance of informant Firoza Begum is directed against the order dated 27.4.87 passed by Mr. A.J. Mustafa, Special Tribunal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as fol......ourt Division (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Bari Sarkar J Firoza Begum …………………….Appellant Vs. Hormuz Ali & another..............Respondents Judgment July 29, 1987. Lawyers Involved: Ab......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......nal No. III, Tangail discharging accused Md. Hormuz Ali in Special Powers Act case No. 31 of 1986. The impugned order dated 27.4.87 is as follows- "Accused Hormuz Ali who is on bail files hazira and is present in the court. The record is taken up for framing of charge. Perused the F.I.R., C/S a..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
..... Basti Mondal, AIR 1929 Cal. 449, Munni Bibi v. Tirloki Nath, 53 ILR PC 103 and Kishun Prasad v. Durga Prashad, AIR 1931 PC, 231. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, ......bered, filed the mortgage suit without impleading the second mortgagee in possession and ultimately purchased the land. The pertinent question is what he actually acquired thereby? According to Nasim Ali J, of the Calcutta High Court, he acquired nothing, as the ownership of he equity of redemption ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......R (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
....lip;…Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Mini......desh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173).
Lawyers Involved:
Hemayetuddin Ahmed, ......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
............Accused-Appellant Vs. State……………………………………………..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin w......39 DLR (HCD) (1987) 184. ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......ppellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and order, dated 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Divisi..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ri Verikataramayya, 1940 (Mad) 768; P.L.D. 1967 (Lah)1051; 19 DLR 349 PLD 1967(Lah) 2057; Santosh Kumar Chakraborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdus Satter Howlader and S.M.A. Malek—For the Petitioner. ......raborty & ors. Vs.M. A. Motaleb & ors. 36 DLR (AD) 248. Lawyers Involved: Md. Abdus Sobhan with Md. Abdus Satter Howlader and S.M.A. Malek—For the Petitioner. Moslem Ali Howlader—For Opposite Party No.1. Civil Revision Case No.83 of 1983. Judgment ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......lso Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
.... ...... AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul Kabir Chowdhury— For the State. ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......ch 19, 1986. Result: The Rule is discharged. Cases Referred to- James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdu..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
.... Latifur Rahman J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali…………………………&he......an J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali………………………………&......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......i—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dh..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......of the Accused and trial of two cases in the same Court according to the procedure of trial of Cross Cases is proper. The Petition is dismissed………..(5) Cases Referred To- Shahed Ali Vs. State, (1961) 13 DLR 414; Falak Sher v. State, (1967) 19 DLR 426 (SC). Lawyers Involved......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......section 190 (1)(b) Cognizance is found to have been taken by the Magistrate himself on the basis of the police report by order dated 22-12-82; but this order was erroneously interfered with, and complications were created unnecessarily, which may be ignored altogether. Inclusion of the pe..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....ioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qur...... Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. T......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The S..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... ......tioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (East Punjab) (FB)......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— For the Petitioner. M.A. Karim— For the Opposite party No.1 ...... discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. .................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Hai..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
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