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Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......s absence from India did not affect his right to sue. The Limitation Act nowhere says that no suit may be filed when the defendant is outside India." In that case the suit was filed on a promissory note seven years after its execution, the defendant having gone over to Ceylon two years after exe..Category: Procedural Law | Date: | Hits: 132
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
.... for their 7/15th share in the homestead land by maintaining the existing possession of co-sharers as far as possible causing least disturbance to other co-sharers in possession. 8. On the other hand, the respondents submit that the tower appellate Court's finding that defendant No. 1 was no ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ly and they were friends. There does not appear to be any reasonable suggestion as to what might have prompted the respondents to commit a deliberate act of murder. It was suggested, on the other hand, by the defence that P.W. 1 and other witnesses had trouble over different matters with the res......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....ouncil 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (SC) 605; Mohiuddin A. Quader v. Emperor (1903) ILR, Mad. 238; Devi ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....erest of the original tenant has not been determined. No case has been made out that the defendant Nos. 1 and 2, the original tenants, have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their com......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....rred in holding that the appellant was a trespasser and further rejecting the order of temporary injunction upon such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that the plaintiff having already transferred the land in favour of his brothers eve......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ase is also reported in: 42 DLR (AD) (1990) 03. ......Court's decree, she at the last stage, accepted the suggestion that an order of injunction was passed against her husband in O.S. No. 652 of 1980. The learned Judges of the High Court Division took note of this evidence but did not accept the defence suggestion that the appellant was in actual phy..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....nd 5 of 1977) wherein this question has been dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respon......vides consequence flowing therefrom and as such the observation made above is uncalled for as it is likely to create some wrong impression in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also ..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....ed in: 31 DLR (AD) (1979) 112. ......s which are on record or could be brought on record in accordance with law. On this interpretation the Court can look at any admission made in the written objection, or written statement, it may take note of any fact made in the plaint or other paper or documents on record. It is to be remembered th..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....onviction and sentence. Criminal Appeal No.8 of 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘h......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra C......he petitioner had no land contiguous to any other plot, then certainly he cannot be hit by the rule of partial pre-emption. With these observations the case was remanded to the trial court. The above noted decision, in our opinion, cannot be cited as an authority for the proposition that a tenant ..Category: Property Law | Date: | Hits: 32
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....his appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......proposition we have set out and hence we refrain from dwelling upon them in detail. 14. We now turn to the facts of the present case and must observe, that the learned Judges of the High Court, noted the point that on behalf of the detenu the order was challenged, impugning that the grounds we..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....tate................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant...... has said that he could not exactly recognise Jhantu. The High Court has found the statements as discrepancy. Mr. Khandker Mahbubuddin Ahmed wants us to read it as a contradiction. Contradiction connotes conflict of two statements so that if one stands, the other cannot. It is difficult to say tha..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....Mofazzal Hossain Sikder stated that on hearing hue and cry from the direction of the tubewell of the school, he rushed to the spot and found the deceased Shanu pressing the injury on the abdomen by hand and on enquiry Shanu reported that he had been stabbed by accused Enamul. Other P.Ws stated th...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......lawyer referring to the cause title to the application at one stage submits that for the purpose of this case, he has been aggrieved by the review order of rejection dated 13-8-1997. It will be noted that the review itself was not maintainable under any law and, as such, the maintainability ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....ng the impugned judgment which is liable to be set aside in the facts and circumstances of the case. 5. Mr. MA Rouf, the learned Deputy Attorney-General appearing for the State, on the other hand, contended that the High Court Division considered the facts and circumstances of the cas......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....uch as those documents have no force of law to be regarded as a decision of the Government. 12. Mr. TH Khan, the learned Senior Counsel appearing for the respondent, on the other hand, contended that the writ-petition is maintainable in the High Court Division beca......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....nt of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (......hich shall have effect notwithstanding any other provision of the Constitution. The said transitional provisions are for transitional period to serve the temporary period or purpose as the heading connotes. Since we have held that amended provision of Article 65(3) of the Constitution substituting t..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
.... Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the Court) instructed by Md Nawab Ali, Advocate-on-Record— For the Appellant. NH Khandker (absent) — For Respondent Nos. 1, 3 &4. Not represented—Respondent N......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....ragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocate and Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record—......h voter list and spent about Taka 6 crore in the process and it has also been asserted that while the file was again put up by the Secretary to Election Commissioner Mr AK Mohammad Ali, he wrote a note of dissent to the said proposal for appointment of officials and there was no such note of dis..Category: Election Law | Date: | Hits: 159
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