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Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....re concerned that is, the present case and the case of Government of Bangladesh Vs. Ismail Hossain, they are substantially the same. Yet, a different conclusion must be reached by us in the case at hand. 15. Incidentally, it may be mentioned that in one of the unreported decisions of 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)
....person issued two cheques on 24.7.75 the cheques were stopped because there was no sufficient fund in his account. The complainant did not lodge any complaint against the accused person. On the other hand, both the complainant and the accused person entered into a venture. To quote his words: ......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)
....s executed the decree. Section 47 will apply so long the decree remains unexecuted………….(11) Cases Referred to- Abbasuddin Chowdhury Vs Chandra Mohan Chowdhury, (1966) 18 DLR 535; Laxmi Narayan Marwary Vs Bal Mukunda; AIR 1924 PC 198; P......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
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....ng hut of the informant while deceased Dilara and her younger sister were reading in the southern room of the west bhiti dwelling but. The accused entered into the reading room with a dagger in his hand chased her from one room to another and assaulted Dilara and in consequence of which she died ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....de within time. The learned Judge observed that the Courts below had not found any default in payment of rent for any particular or specific month before filing of the suit on 25.9.83. " On the other hand, it appears" the impugned judgment says, "that the defendant had been depositing rents in the C......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....be enforced through Court. Ed. ......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
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....uiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For ...... 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. ..Category: Others | Date: | Hits: 88
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....nt. The four brothers were in joint mess upto 1328 BS. They separated in 1329 BS. 3. The contesting defendant Nos. 1 and 2, successors of Mati Miah, contended on the other hand that the properties were exclusively the self-acquired properties of Mati Miah or his benefit......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
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....he fact that the proceeding was out of time and had applied its mind to the question of limitation before dealing with the proceeding on merits." 7. The respondents, on the other hand, contend that section 5 of the Limitation Act itself does not postulate making of a separate a......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)
....t was not a party to Title Suit No. 502 of 1987: and (c) that the first party‑appellant was in possession of the case land. The learned Magistrate upon these findings directed the receiver to hand over possession of the case land to the first party-appellant. 5. The second party-resp...... 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
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property with the aforesaid premises at 7 Wiseghat Road, Dhaka, which originally belonged to one Akhanda Kumar Bose alias Ajit Kumar Bose. On his death the said property devolved on his son Proddyut......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)
....the particular provision of Reg. VIII of 1819 which is affected by section 61 of the Bengal Tenancy Act, but he was constrained to admit that he could not point out any such section. On the other hand, an examination of the provisions of Reg. VIII of 1819 indicates that there is no section whi......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)
.......................Plaintiff –Respondents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md...... 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
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....h necessarily include the power of transferring in employee of one industrial Unit to another industrial unit under it. 4. Mr. Asrarul Hossain. learned Counsel for the respondent has, on the other hand, defended the decision of the High Court Division emphasising that -hen employees of the Indu......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
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....the bullocks. At about 5-30 P.M. the Informant's cousin Morshed Khan, P.W.11, was attacked by the appellants and the other accused persons on his way to Changutia hat; accused Shamsher gave him first hand blows as a result of which his two front teeth were knocked out and when the Informant and his ......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....h, 1987 in connection with Gurudashpur P.S. Case No.9 dated 24.2.1987. It is alleged in the F.I.R. that on 24.2.87 at about 5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police......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)
....ind tree. Then accused Azimuddin dealt a Dao low on the forehead of Firoze Shah causing bleeding injury;accused appellant Mafizuddin alias Mohi dealt a blow with the blunt side of a spade on the left hand and other accused dealt him lathi, rod and roller blows. As Moniruddin intervened; he was also ......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
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
..... Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear knowledge of everything binds the appellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... under section 9 of the Specific Relief Act is executable. If it is found not executable in view of the appellant's application for temporary injunction she is entitled to succeed, on the other hand if contrary conclusions are reached as the Courts below Have done, the prayer for temporary i...... 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 ..Category: Tenancy Law | Date: | Hits: 114
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....and Anisur Rahman (P.W.1 and 4) and other relations. It is the prosecution case that Safil Uddin was murdered by Nazrul Islam and his relations due to dispute over property. The defence, on the other hand, is one of false implication because of the said enmity. Further defence suggestion was that th......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
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