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Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....absent)— For the Respondents (In Civil Appeal No. 137 of 1983) Civil Appeal Nos. 60 and 137 of 1983. (From the Judgment and order dated 14-11-1982 passed by the High Court Division, Rangpur Bench in F.M.A. No. 242 of 1979.) Judgment Shahabuddin Ahmed J.- These two appeals, one by...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....tisfactorily proved as the last will of the testator and on that finding passed a decree on 27 February, 1978 granting probate of the will. But on appeal by defendant Krishna Moni Devi, a Division Bench of the High Court Division reversed the finding of the District Judge, and holding that the e......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....67 of 1982. (From the Judgment and order dated 17-6-1981 passed by the High Court Division in F.M.A. No. 501 of 1981). Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Bench of the High Court Division passed in First Miscellaneous Appeal No. 501 of 1981 on June 17, 19......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....sp; Fazle Munim CJ.- This appeal arises from First Miscellaneous Appeal No. 428 of 1981 decided by a Bench of the High Court Division on January 19, 1982. Respondent No. 1 instituted Partition Suit N......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....no doubt, but it has no substance. Sections 263 and 264 may be considered: "263. Records in cases where there is no appeal.- In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....r, Khulna and others, 28 DLR 159 (AD); Mt. Bibi Mariam Vs. Surajmal and others, AIR 1936, Patna 591; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and another, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab H...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....nbsp; Hossain, Advocate-on-Record-For Respondent Nos. 3-6. Criminal Appeal No. 59 of 1983. (From the Judgment and order passed on 26.10.83 by the High Court Division Dhaka Bench, in Criminal Miscellaneous Case No. 31 of 1983 ). Judgment &n...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....ed May 5,1982 passed by the High Court Division, Dhaka in C.R. No. 1878 of 1981). Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Bench of the High Court Division passed in Civil Revision No. 1878 of 1981 on May 5, 1982. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....sp; Badrul Haider Chowdhury J.- This appeal by way of special leave arises out of a judgment and decree dated the 31st of August, 1982 passed by a Division Bench of the High Court Division, Dhaka in First Appeal No. 157 of 1976 setting aside the judgment ......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....n, Advocate-on-Record—For the Respondent. Criminal appeal No. 45 of 1983. (From the Judgment and order dated 6-6-1983 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 56 of 1983.) Judgment &nbs......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....vocate-on-Record—For Respondent Nos 1, 2, & 4. Criminal appeal No. 11 of 1983. (From the Judgment and order dated 26-8-1982 passed by a Division Bach of the High Court Division, Rangpur Bench, in Criminal Revision No. 263 of 1972.) Judgment Chowdhury ATM Masud J.- This appeal ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....t of a cause of action which has become barred by law creating thereby a valuable right in favour of the defendants. In support of this contention he has relied upon a decision of the Queen's Bench Division in Weldon Vs Neal, (1887) QB Division, 394. In this case, as referred to, the p......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Bench of the High Court Division in First Appeal No. 128 of 1973 on March 12, 1981. 2. The ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....own to have held the property in a fiduciary capacity. In other words, whether he had been entrusted with the dominion over partnership property. 12. The oldest case on the point is the Full Bench decision of the Calcutta High Court in the case of Queen Vs. Okhoy Coomar. It was decided in 1......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....lows that if any judgment-debtor had died during the execution proceedings, namely, Execution case No. 6 of 1976. no damage was done to the decree or its execution, On a similar question a Division Bench of the then High Court also held, in the case of Abbasuddin Chowdhury V. Chandra Mohan Chowd......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....ansaction can be gone into and determined in a proceeding for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. In both the cases, learned respective Judges of the Single Bench of the High Court Division answered the question in the negative and allowed the pre-empti...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....he Appellant. Nurul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 4 of 1987. (From the judgment and order dated 10.7.85 passed by the High Court Division, Dhaka Bench, in Civil Revision No. 619 of 1984). Judgment: &n......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....nt Nos. 2-6 Striking down vide Court's order dated 5.7.88 -Respondent No. 7. Civil Appeal No. 55 of 1986 (From the judgment and order dated 6.8.85 passed by the High Court Division, Rangpur Bench, in Second Appeal No. 16 of 1974) Judgment MH Rahman J.- This appeal at the instance of......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....r Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 of 1988. (From the judgment and order dated 24-8-87 passed by the High Court Division, Rangpur Bench in Civil Revision No. 402 of 1985). Judgment: &n......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....p; Mustafa Kamal J.-his appeal, by leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and k......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28