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Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....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. ...... under section 145 of the Code of Criminal Procedure. On receipt of the petition the learned Chief Metropolitan Magistrate on 5.1.1983 passed the following order:— "Seen the prayer of the petitioner. u/s 145 Cr.P.C. petitioner is directed to furnish connected papers ..Category: Criminal Law | Date: | Hits: 75
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......tten objection on the ground, first, that papers could not be collected and secondly, that there was flood, which were allowed. On 15.9.88 the appellants prayed for time for the fourth time but the prayer was rejected on the ground that they failed to file their written objection Within 30 days ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....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. ...... the plaintiff’s case and rejected the evidence of the defendants' witnesses. 6. The appellate Court upheld the trial Court's decree with regard to Plot No. 802, but dismissed the plaintiff’s prayer with regard to the other plot, namely, Plot No. 784, after finding that the plaintiff failed ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... trial Court's judgment. In their joint written statement Ansar Ali and Sunil categorically denied the sub‑letting and contended that they were in fact partners from 1976 to 1982. When their alternative case of partnership falls flat on evidence, what else, we wonder, the learned SCC Judge......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)
....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. ......quo;Kha' schedule to one Naba Dhupi, The other brothers were either attesting witnesses or identifiers of Mali Miah in the mortgage deed. Naba Dhupi filed a mortgage suit against Mati Miah and the prayer of the other 3 brothers to be added as parties to the suit was not allowed. There was a mort..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... 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. ......ered Tk. 15, 00,000.00 for the disputed property but her tender was not accepted. Subsequently, however, she offered to pay the highest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the d..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... 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. ...... a about 2-30/3-00 PM he was tapping date trees at the house of the respondents. He saw Khasru calling out Khairul Alam to take plum. PW 18 Rahimannessa stated that on 19 Poush 1385 BS at about Zahor prayer time her son Khairul came and took his meal and went out saying that he was going to the bus ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....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. ...... was ordered to be put up on 28th August, 1982 with intimation to both the parties, but no such information was given to the respondent’s learned Advocate. On 28th August, 1982 the plaintiffs prayer in respect of service of summons on defendant No. 1 was allowed. Subsequently on 19th Septe..Category: Procedural Law | Date: | Hits: 104
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......tigations. 3. On being convicted by the Additional Sessions Judge, Rajshahi in Sessions Case No. 91 of 1987 as mentioned above, an appeal was preferred before the High Court Division with a prayer for bail. The learned Single Judge of the High Court Division admitted the appeal but refuse..Category: Criminal Law | Date: | Hits: 37
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....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. ......following grounds are found in support of the order: "i) The property was not exchanged by the real and recorded owner. ii) DC or ADC had no authority to entertain any prayer for regularisation of exchange case after 30.9.70 vide GO No. 879(19) Genl. dated 1.7.70. ..Category: Property Law | Date: | Hits: 36
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......tioner on 14.5.86 at 12-30 PM. The defendant-petitioner filed hajira soon thereafter and submitted that he could not file hajira in time owing to hartal and prayed for an adjournment of the case. The prayer for adjournment was refused on the ground that the miscellaneous case was already dismissed f..Category: Civil Law | Date: | Hits: 105
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....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. ...... heirs). 3. The plaintiffs also prayed for temporary injunction restraining the appellants from disturbing in any manner the enjoyment of suit property by them. The appellants contested the prayer for temporary injunction by filing a written objection. 4. The learned Assistant Judg..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ove reported decision His Lordship in concluding portion has observed as follows: "To sum up, die accused is always entitled to hold his tongue; but if he is in a position to explain the only alternative theory to his guilt, die absence of such an explanation must be taken into account as m......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....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......e 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. 3. The appellant submi..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ady been discharged, commonness of the two cases is almost lost. One case is ready for final disposal and the other not yet began. Parties of both the cases being not identical. For all these reasons prayer for simultaneous trial is not tenable. The appeal is dismissed…(11 & 12) Case Referred t..Category: Criminal Law | Date: | Hits: 48
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......on. Respondent No.1 filed a Civil Revision Application in the High Court Division being Civil Revision No.36 of 1983 and the learned Single Judge of the High Court Division allowed the pre-emptor's prayer on 29th January, 1984. 5. Leave was granted to consider whether the appellate Court erred ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and 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: 40 DLR (AD) (1988) 257 ......ted land. Under such circumstance the government settled the land with the defendant-appellants. Even though auction was held and delivery of possession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent fil..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......g that the value of the part of her building should be ascertained through an Advocate Commissioner for the purpose of compensation to be paid by the decree-holders. The Executing Court allowed her prayer and appointed an Advocate Commissioner; but in revision the learned Single Judge of the High ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... maintainable the application for temporary injunction was, therefore, liable to be dismissed. 6. By his judgment and order dated 22nd July 1984 the learned Subordinate Judge, Barisal rejected the prayer for temporary injunction. Appellant preferred Miscellaneous Appeal No.94 of 1984 before the..Category: Tenancy Law | Date: | Hits: 114
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......riminal Appeal No. 18 of 1987 Judgment: A.T.M. Afzal J.- This appeal by leave arises out of an order dated 21.7.87 passed by the High Court Division (Jessore Session) rejecting the appellant's prayer for bail in a pending Criminal Appeal being No. 64 of 1987. 2. The appellant along with ..Category: Criminal Law | Date: | Hits: 56
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