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State Vs. Shafique and others, 1991, 20 CLC (AD)
.... Appeal No. 9 of 1987. with Criminal Petition for leave to appeal No. 30 1986. (From the judgment and order dated 26th October, 1983 passed by the High Court Division, Comilla Bench, in Criminal Reference No. 1 of 1983 with Criminal Appeal No. 25 of 1983). Judgment: ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sylhet Bench in Civil Revision No. 40 of 1983). Judgment: &nb......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....cted by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... by Sharifuddin Chaklader, Advocate-on-Record-For the Respondents. Criminal Appeal No. 21 of 1986. (From the Judgment and Order dated 27th July 1983 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 137 of 1980). Judgment Shahabuddin Ahmed CJ.- have gone throu...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....te, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 67 of 1986. (From the Judgment and order passed by the High Court Division, Chittagong Bench dated 4.11.1985 in Civil Revision No. 241 of 1984). Judgment: &nbs......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....l J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code of Criminal Procedure, shortly the Code challenging the judgment of a Division Bench of the High Court Division, Dhaka dated 7.3.91 passed in Criminal Revision No. 165 of 1988 q...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
.... Court Division, Dhaka in Criminal Revision No. 226 of 1991). Judgment: Mustafa Kamal J.- Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-pe......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Division, Barisal Bench, Barisal in Civil Revision Case Nos. 103 and 104 of 1982) Judgment: ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... ATM Afzal J.- This appeal by leave is from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
..... Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. (From the Judgment and order dated 3.11.83 passed by the High Court Division, Comilla Bench in First Appeal No. 358 of 1968). Judgment: &nbs......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....xempted vide Courts Order dated 5.2.87-Respondent No. 1. Civil Appeal No. 53 of 1986. (From the judgment and Order dated 6 February 1986 passed by the High Court Division, Chittagong Bench in Civil Revision No.62 (Ctg) of 1983). Judgment: ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
.... Nos. 1 to 6. Not represented-Respondent Nos. 7-8. Civil Appeal No. 63 of 1989. (From the Judgment and Order dated 2nd April, 1989 passed by the High Court Division, Chittagong Bench in Civil Revision No. 89 of 1989.) Judgment: &nbs......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....d‑For the Appellants. B Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1988. (From the judgment and order dated 5.8.86 passed by the High Court Division, Circuit Bench Barisal in Criminal Appeal No. 65 of 1985). Judgment Latifur Rahman J.- This appeal by s......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
.... both being placed under it, but also got powers to terminate the services of any employee of the Mills placed under it under P.O. 27 of 1972. The learned Counsel also pointed out that a Division Bench of the High Court Division, as far back as 1974, had taken the same view in an unreported case......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
.... 4 & 6. Ex-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This appeal by leave is from judgment and order dated the 1st June 1988 passed by a Division Bench of the High Court Division, Dhaka refusing to interfere with an order of acquittal in revi......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....me for investigation the charge-sheet has not yet been submitted. The appellant unsuccessfully moved the Upazila Magistrate and the Sessions Judge, Natore for bail. The High Court Division, Rangpur Bench also refused the prayer for bail on the ground that the case was still under investigation. ......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... in part and his sentence was reduced to transportation for life. 16. In the appeal by the accused before the Federal Court, reliance was placed in support of the High Court Judgment on the Full Bench decision in the Case of Bawa Singh Vs. The Crown, ILR 1942 Lahore 129. In that case it was hel......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
.....- This appeal by special leave arises from judgment and order dated 11 March, 1984 passed analogously in Civil Orders No. 61 and 62 of 1984 by a Single Judge of the High Court Division (Chittagong Bench) summarily rejecting two revisional applications of the appellant filed under section 115(1) o......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....e remises as a monthly tenant and realisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Single Judge of the High Court Division, Rangpur Bench, by the impugned judgment and order dated 15th November, 1984 passed in Second Appeal No. 13......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....ve been mentioned in the Writ-petition; but filing of the Writ-petition could have been certainly mentioned in the civil suit, Again, when the stay was obtained from the Presiding Judge of the Writ Bench on 9 April 1988 the filing of the civil suit could have been mentioned. For this conduct of th......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
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