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Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

.... It was a transferred suit being Transferred Suit No.1 of 1980. Suit was filed originally in the Court of Munsif, Noakhali being Other Class Suit No. 337 of 1978. It was filed on 2.6.1979 against the Deputy Commissioner and Ad­ditional Deputy Commissioner (Development) for a decree of mandatory inj......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..

Category: Property Law | Date: | Hits: 30

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....nd in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L.A. Case No. 8/55-56. The land in ques­tion was transferred to the School Authority by the Additional Deputy Commissioner (L.A. and Relief), Dhaka on behalf of the Government by a deed of transfer in Ap......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..

Category: Civil Law | Date: | Hits: 130

Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)

....eful election in the said centre but the Presiding Officer counted the votes and submitted a result in TA Form. At the instance of the appellant, the Election Commission held an en­quiry through the Deputy Commissioner, Comilla and then directed the District Election Officer, Co­milla to obtain th......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..

Category: Election Law | Date: | Hits: 125

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......come Tax to retire the respondent consequent on rejection of his appeal against the decision of the Screening Committee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondent......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..

Category: Employment/Service Law | Date: | Hits: 80

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

.... (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..

Category: Procedural Law | Date: | Hits: 132

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

....n dated 4-4-83 was passed in Title Suit No. 45 of 1983 in which, however, the complainants party namely, the Engineering Works were not a party; it was filed against the Government and the Additional Deputy Commissioner (Revenue). In Title Suit No.67 of 1969 filed by the complainant's party, their a......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......to determine the issue………(4) Lawyers Involved: K.S. Hossain, Advocate in­structed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. A.W. Bhuiyan, Additional Attorney General, in­structed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent. Criminal App......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..

Category: Criminal Law | Date: | Hits: 39

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..

Category: Banking Law | Date: | Hits: 99

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

....rifuddin Chaklader, Advocate-on-Record —For the Appellant. A.W. Bhuiyan, Additional Attorney General, in­structed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman, Deputy Attorney General, in­structed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......¦â€¦â€¦â€¦â€¦â€¦(5 & 8) Lawyers Involved: M.H. Khandker Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A.W. Bhuiyan, Additional Attorney General, in­structed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman,...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..

Category: Property Law | Date: | Hits: 35

Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)

....er till disposal of the appeal…………..(3) Lawyers Involved: Md. Lutfur Rahman Mondal, Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Cri...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... of the appeal…………..(3) Lawyers Involved: Md. Lutfur Rahman Mondal, Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal Appeal No....... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ses of fact. No motive for the offence has been proved. The High Court Division rightly set-aside the conviction……………………….(7) Lawyers Involved: B. Hossain, Assistant Attorney-General instruct­ed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.â€......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....903) ILR, Mad. 238; Devi Dyal v. The Crown (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellants. Hasan Arif, Deputy Attorney General, (Fakhrul Islam, Assistant Attorney General with him), in­structed by Md. S...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......38; Devi Dyal v. The Crown (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellants. Hasan Arif, Deputy Attorney General, (Fakhrul Islam, Assistant Attorney General with him), in­structed by Md. Sajjadul Huq, Adv......rt while. His dead body was then taken to his father-in-law's house. P.W.1 stated that they started for the P.S., (15/16 miles away) at midnight and lodged FIR (at 7 a.m.) upon reaching there. 33. Police accompanied the informant on way back to the village. At about 12/1 (noon) they came to the f..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

.... is not sustainable and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellant. B. Hossain, Deputy Attorney General, instructed by A.W. Malik, Advocate-on-Record—For the Re­spondent. Cri......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ble and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellant. B. Hossain, Deputy Attorney General, instructed by A.W. Malik, Advocate-on-Record—For the Re­spondent. Criminal Appeal No.......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

.... 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State).......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......s (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal App...... to the School at about 6 p.m. he requested him to return the excess money but the appellant refused to have received the same. P.W. 1 then returned to Thakurgaon and lodged FIR, Ext. 1 at Thakurgaon Police Station at about 9-30 p.m. On the next day P.W.1 learnt that the Police had arrested the accu..

Category: Criminal Law | Date: | Hits: 44

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......b Hossain, Ad­vocate-on-Record- For the Petitioner. Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Respondent. A. W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record. (Under Order XXI, rule-1) Civil Miscellane......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....nue on bail dur­ing the trial also. The appeal is therefore allowed. 8. Let the appellants Ashraf Ali, Korban Ali, Nurul Islam and Lokman Hossain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This ......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General instruct­ed by Syed Sakhawat Ali, Advocate-on-Record —For Respondent No.1. No one for ......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....ve given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of Home Affairs which bear the signatures of the Deputy Secretary, Joint Secretary, Secretary and the Minister concerned stating that par­tial withd......me others on 23-7-71. Charge-sheet in this case was submitted after investigation on 8-2-73 against the accused Respondents and others under section 302/34 of the Penal Code. On 29-8-73 the Court Sub-Inspector of Police filed an application before the Magistrate pray­ing for withdrawal of the prose......desh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Asaduzzaman Kha......977) wherein this question has been dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respondents alo..

Category: Criminal Law | Date: | Hits: 43

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

.... Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Pan......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......hingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Panday, Advocate-on......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

.... S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, A......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......utta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ch enraged and they killed Rashid Khondker at the instigation of one Majid Matbar. 4. P.W.1 lodged the First Information Re­port with the Madaripur Police Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to ......ed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-Record - For the Respondent No.8. B. B. Roy Chowdh...... On January 1, 1977 Fagu, one Bidhan and one Saber assaulted Aleya (P.W.4), daughter of deceased Rashid Khondker, and snatched away her necklace. On this, a First Informa­tion Report was lodged with Police and in­vestigation was held on the day previous to the occurrence. At this the respondents b..

Category: Criminal Law | Date: | Hits: 39

Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)

....er….…….Respondents Judgment November 22, 1978. Lawyers Involved: M.G. Rabbani, Advocate, instructed by D.C. Panday, Advocate-on-Record - For the Appellants. Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record - For Respondent No.2. Not...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......pondents Judgment November 22, 1978. Lawyers Involved: M.G. Rabbani, Advocate, instructed by D.C. Panday, Advocate-on-Record - For the Appellants. Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record - For Respondent No.2. Not represented - R...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ..

Category: Others | Date: | Hits: 84