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M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

.... Senior Advocate, instructed by M.H.Rahman, Advocate-on-Record.- For the Respondent. C.A. 191 of 1984. Judgment: Munim CJ .- This appeal arises from First Appeal No.79 of 1980 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Hussain Mohammed Habibur Rahman and ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..

Category: Tenancy Law | Date: | Hits: 109

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

.... Gafur, Advocate-on-Record.-For the Respondent (In both appeals) Civil Appeal Nos. 107 & 108 of 1984 (From the judgment and order dated 19 & 20 of 1984 passed by the High Court Division, Dhaka Bench, in F. A. Nos. 73 and 143 of 1982.) Judgment: Badrul Haider Chowdhury J.-Those two appe......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..

Category: Property Law | Date: | Hits: 39

Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....nstructed by M. R. Khan, Advocate-on-Rccord. (absent)- For the Respondent. Criminal Appeal No. 12 of 1985. (From the judgment and order dated 14.6.84 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 410 of 1983.) Judgement ATM Afzal J.- Appellant Md. Abdul Majid......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..

Category: Criminal Law | Date: | Hits: 52

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....d- For the Appellant. Md. Nurul Huq, Advocate-on-Record- For the Respondents. Civil Appeal No. 5 of 1986. (From the judgment and order dated 16.9.85 passed by the High Court Division, Dhaka Bench in Civil Revision Case No. 720 of 1984.) Judgment Badrul Haider Chowdhury J. - This appe......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...

Category: Property Law | Date: | Hits: 118

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

....or Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated 30.6.1985 and 15.7.1985 passed by the High Court Division Jessore Bench, in Criminal Revision No. 66 of 983 and Criminal Revision No. 68 of 1983.) Judgment: Ba......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..

Category: Criminal Law | Date: | Hits: 46

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....orney General, instructed by A. W. Mian, Advocate-on-Record- For the Respondent. Civil Appeal No. 14 of 1987. (From the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) Judgment: Badrul Haider Chowdhury J.-Leave was grant......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..

Category: Property Law | Date: | Hits: 49

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

....dvocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 97 of 1985. (From the Judgment and order dated 7.7.85 passed by the High Court Division, Camilla Bench, in Civil Revision No. 12 of 1984.) Judgment: Shahabuddin Ahmed J. - This is the defend...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....al No. 375 of 1970.) Judgment ATM Afzal J.- This appeal following leave by the eight accused-appellants is from judgment and order dated 12 March 1984 passed by the High Court Division (Rangpur Bench) in appeal upholding the conviction and sentence of the appellants under sections 302/109 Pena......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..

Category: Criminal Law | Date: | Hits: 55

Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)

....vocate-on-Record- For the Appellants. Ex parte- The Respondents. Civil Appeal No. 32 of 1986 (From the Judgement and order dated 20th April, 1986 passed by the High Court Division, Rangpur Bench in Civil Order No. 250 of 1986.) Judgment: M. H. Rahman J. - Leave was granted to cons......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..

Category: Civil Law | Date: | Hits: 94

Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)

....dent No.2. Abdul Wadud Bhuiyan, Additional Attorney General. -Amicus curiae. Civil appeal No. 3 of 1987. (From the Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.) Judgment Badrul Haider Chowdhury J.-I have had the ad....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..

Category: Election Law | Date: | Hits: 132

The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)

....an, Advocate-on- Record- For the Respondents Nos. 1, 2, and 4.  Criminal Appeal No. 56 of 1985. (From the judgment and order dated 29 August 1983 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 44 of 1983.)  Judgment Shahabuddin Ahmed J. - This appeal ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..

Category: Criminal Law | Date: | Hits: 62

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

....espondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986.  (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revision Case No. 187 of 1986.) Judgment:   &n......nfortunate it may seem though that the decision in the case turned on two mar­ginal votes only. 18. The appeal is accordingly, dismis­sed without any order as to cost. Ed. ..

Category: Election Law | Date: | Hits: 110

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

....n-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement dated 2-8-83 passed by the High Court Division, Jessore Bench in Second Ap­peal No. 280 of 1978.) Judgment:      ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..

Category: Property Law | Date: | Hits: 44

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....ondent Nos. 10 & 11. Ex Parte—the Respondent Nos. 2—9. Civil Appeal No. 113 of 1983. (From the judgment and order dated 15th March, 1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 26 (C) of 1982.) Judgment Fazle Munim CJ.-I have gone through th......H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....& 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgment and decree dated 30th March, 1983 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 454 of 1974.) Judgment:       &nb......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..

Category: Property Law | Date: | Hits: 50

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....pplied the term implied re­peal and the rules of construction applicable to repeals to such amendments. In the case of Em­peror v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259) a Division Bench was con­sidering substitution of a sub-rule made in the Defence of India Rules 1939 by an ame......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 124

Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

....pellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and order dated 9th October, 1983 passed by the High Court Divi­sion, Rangpur Bench, in Civil Revision No. 15. 3 of 1983.) Judgment:      &......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..

Category: Procedural Law | Date: | Hits: 102

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

.... B. Hossain, Advocate-on-Record—For the Respondent, Criminal Appeal No. 29 of 1986 (From the Judgment and order dated 11.2. 86 passed by the High Court Division, Circuit Bench, Jessore, in Death Reference No.9 of 983 with Jail Appeal No. 94 of 1983 and Criminal Ap­...... are sen­tenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..

Category: Criminal Law | Date: | Hits: 62

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

....                    Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 70

The State Vs. Fazal and others, 1987, 16 CLC (AD)

....n Chaklader, Advocate-on-Record.— For the Respondents. Criminal Appeal No. 36 of 1985. (From the judgment and order dated 20 June 1984 passed by the High Court Division, Rangpur Bench, in Death Reference Case No. 1 of 1982 and Criminal Appeal No. 26 of 1982). Judgment: ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 46