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Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... of U.P. AIR 1973, SC 1100; Mohanlal v.State of Rajstan, AIR 1974, SC 299; West Bengal v. Haridas Mandra, AIR 1976, SC 2225 and State of Karnataka vs. Memareddy, AIR 1981, SC 1417. 7. On the other hand, Kh. Mahbub Hossain has referred to a great number of cases in which different High Courts of I......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ay. But the names of the accused subsequently mentioned during the investigation. The confessional statement of accused Daud lends support to the whole prosecution case, namely, as to the throwing of hand bomb to Momen by Mustafa and to the deceased Efaz by Ajit and in that confessional statement ...... about 11-15 P.M. wig’s police force. Nowsher Ali (P.W. 1) gave a statement to the O.C. which was recorded on a plain paper in the said first information report, Nowsher Ali stated when and how the bombs were blasted but he frankly stated that he could not recognize any miscreant and further that ..Category: Criminal Law | Date: | Hits: 61
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....t to set aside the ex parte decree by altering its own finding that the summons was duly served. In support of his contention the learned Counsel has relied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contended that the trial court ......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Jud...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....r protection and preservation of the bags containing the Election materials for protection from subsequent mischief as the authorities were informed of the apprehension of the mischief before hand and to keep the gunny bags in the same condition as those were just after the counting of b......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... Twelve witnesses were examined in support of the prosecution case. 4. On behalf of the defence it was suggested to the P.Ws. that Nanda Lal met his death at a different place and time and at the hands of others and the accused were falsely implicated. It was further suggested that Nanda Lai...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....the subsequent conduct of the landlord and tenant. Paying and receiving rent in the aforesaid manner, in the present case according to him, showed the existence of such an oral contract. On the other hand, respondent's Counsel has made pointed submissions as to the true interpretation of the aforesa......rcome the mischief arising from their default 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) 109 ..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....yetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33 DLR 55 AD, Nursing Das Tulsira V. Rahimanbai, (1904) 28 DLR Bom 440, Jugal Kishore Narain Singh V. Charoo Chandra Sur, AIR 1939 PC 159, Abul Layes V. Mst. Anwara Khatun, (1977) 29 DLR 13 SC and M/S. A. Hoque......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
....which were opened in presence of the bidders, at 12-15 P.M. The appellant's offer was found to be the highest and valid; but respondents Nos. 1 and 2, it is alleged, by this time entered into an underhand deal with respondent No. 4 whose offer was this time at Tk. 2,38,00,000.00 and in pursuance of ...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
..... of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record- For the Appellant. A.W. Bhuiyan, Additional Attorney General,......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)
....gs that the respondent is a worker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and ...... 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)
....not depose as witness Mohsin set them free at about 10/11 p.m. whereupon Sohrab and Mahtab went back home about half mile to the west of Kheali Kamar's house. 4. Jamshed and Mobarak, on the other hand, were put in two boats when Musa Sarkar and some other accused appeared on the river bank and o......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
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....lants filed Title Suit No. 31 of 1977 in the 5th Court of Subordinate Judge, Dhaka for specific performance of contract stating, inter alia, that there was an agreement between S.M. Ismail on the one hand and Hemnalini Basu (the predecessor of respondents 1 and 2) on the other hand. The Bainapatra i......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....jusdem generis,' origin from or belonging to same class, learned Counsel contends is not applicable to this phrase" otherwise pecuniary interest". The learned Additional Attorney General on the other hand contends that the expression "he has otherwise any pecuniary interest" includes any interest wh....... 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
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appe......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
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
.... alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impression on some blank cartridge papers. But subsequently it was found that a fal......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....rises 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.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from t...... 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)
....other, wife and son of deceased Khijir (P. Ws. 1, 2 and 5) although admittedly there were many persons who had allegedly seen the occurrence but none of them was examined. The defence, on the other hand, examined as many as five disinterested and independent witnesses who took oa......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
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... Lalu and Kabir together and on his query they said, that they are going to Srimongal. P.W. 18 Nikhil Ranjan Dey stated that on 3.5.76 at about 1.30. p.m. a man came to his pharmacy with his right hand wrapped up in a gamcha. His right hand covering his palm and the fingers showed injury marks. H......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
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