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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....the judgment of A.T.M. Afzal, J. A.T.M. Afzal J.-This appeal by the acÂcused-appellants is as of right under the Constitution and from Judgment and order dated 20 July, 1987 passed by a Division Bench of the High Court DiviÂsion at Chittagong in appeal convicting them under sections 302/34 Pen...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....is reduced upto the period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajja......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 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325 of 1984.) Judgment A.T.M. Afzal J.-In this appeal by lea......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....6). Judgment: ATM Afzal J.-This is a plaintiffs' appeal by leave and directed against judgment and orÂder dated 2 February 1988 passed by a Single Judge of the High Court Division, Chittagong Bench in reÂvision upholding an order of remand of the First ApÂpellate Court. 2. Facts of the ......s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....For the Respondent No. 1. Respondent Nos. 2—9- Not represented. Civil Appeal No. 39 of 1988. (From the Judgment and Order dated 8 NovemÂber 1988 passed by the High Court Division, Sylhet Bench in Writ Petition No. 13 of 1988). Judgment ATM Afzal J.-This appeal by leave is from Ju...... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....Sylhet in CrimÂinal Appeal No. 7(C) of 1982). Judgment ATM Afzal J.-This petition for leave to appeal by the informant is from an order of acquitÂtal passed by the High Court Division, Sylhet Bench, in appeal acquitting the respondents of the charge unÂder sections 302/34 Penal Code. 2. ......r the petitioner was unaware of the leave petition filed by the GovernÂment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..Category: Criminal Law | Date: | Hits: 41
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....owÂered to make order for transfer as prayed for, but he has referred to a case which was some time ago transferred by us from a court situated within the terÂritorial jurisdiction of one permanent Bench to that situated within the territorial jurisdiction of another permanent Bench. At our reques......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
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....spondent. Criminal Appeal No. 23 of 1986. Judgment MH Rahman J.-This is an appeal by special leave against the judgment and order dated 9th January, 1985 of the High Court Division, Rangpur Bench confirming the conviction of the appellants and the sentence passed on them by the Additional ......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ecord - For the ResÂpondent. Civil Appeal No. 23 of 1977 (From Petition No. 254 of 1973) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment and order of a Bench of the High Court Division passed in an application filed by the respondent under Article 102(......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
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....Record - For the Respondent No.1. Civil Appeal No. 6 of 1975 (From Civil Revision No. 127 of 1969) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment of a Bench of the High Court in a miscellaneous case arising out of an application under section 96 of th...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
.... Civil Petition for Special Leave to Appeal No. 143 of 1976 (From Petition No. 460 of 1976) Judgment Debesh Chandra Bhattacharya J.- This petition for special leave is against an order of a Bench of the High Court dismissing summarily an application of the petitioner under Article 102 of t......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
.... Fazle Munim J.- These two appeals by special leave arise out of the judgment and orÂder of acquittal of the respondents from the charge of murder under section 302 of the PeÂnal Code passed by a Bench of the High Court Division on June 25, 1975 on rejecting Death Reference No.1 of 1974 and allo......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....Judge also held that the necessary parties were impleaded in the application for pre-empÂtion. Accordingly, the prayer for pre-emption was allowed. On appeal by the transferee-pre-emptees a Division Bench of the High Court Division took the view that prayer for partial pre-emption was made under mi......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....as submitted by the dependent that the materials seized during Investigation were sufficient to warÂrant trial of the two accused by a compeÂtent Court. 3. After hearing the parties, a Division Bench by the judgment and order dated December 5, 1977 quashed proceedings. In so far as 500 cases o......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....al from the judgment and order dated May 27, 1970 passed by the High Court in Writ Petition No.315 of 1967) Judgment Ruhul Islam J.- This appeal by special leave arises out of a judgment of a Bench of the Dacca High Court in Writ Petition No.315 of 1967. Leave was granted to examine the ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....e of Bihar, AIR 1968 (SC) 1309 and Shushanta Goshwami AIR 1969 (SC) 1604. I may say with respect, the law in this regard appears to have been correctly laid down in the said decisions. A Full Bench of the Dacca High Court expressed a similar view in the case of Mahbub Anam Vs. The Govt. of E...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....e judgment dated May 18, 1973 pasted by the High Court Division in Reference Case No. 1 of 1972. Judgment Ruhul Islam J.- This appeal by special leave arises out of the judgment of a Division Bench of the High Court Division in Reference Case No. 1 of 1972 under section 66(1) of the Income T......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ted July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment Rahul Islam J.- This appeal by special leave is from the judgment dated July 20, 1970 passed by a Division Bench of the High Court of East Pakistan is Civil Rule No.729 (f) of 1970 rejecting the application ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....nbsp; M. M. Ruhul Amin J. - This petition for leave to appeal. is directed against the judgment and order of conviction and sentence dated 19.03.2003 and 23.03.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 2344 of "1998 dismissing the appeal a...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
.... MM Ruhul Amin J.- Delay of 08 days is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 17.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2542 of 2000 discharging the Rule. 3.......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
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